II 111th CONGRESS 2d Session S. 3669 IN THE SENATE OF THE UNITED STATES July 29, 2010 Mr. Leahy (for himself and Mr. Franken) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To increase criminal penalties for certain knowing violations relating to food that is misbranded or adulterated.

1.

Short title

This Act may be cited as the Food Safety Enforcement Act of 2010.

2.

Criminal penalties

Section 303(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(a)) is amended— (1)in paragraph (1), by striking Any and inserting Except as provided in paragraph (2) or (3), any; (2)in paragraph (2), by striking Notwithstanding the provisions of paragraph (1) of this section, if and inserting If; and (3)by adding at the end the following: (3)Any person who knowingly violates subsection (a), (b), (c), (k), or (v) of section 301 with respect to any food that is misbranded or adulterated shall be fined under title 18, United States Code, imprisoned for not more than 10 years, or both. .